Section 361.094

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 361

Effective - 28 Aug 2011   

  361.094.  Board to determine appeals — procedure — hearing officer authorized. — 1.  The state banking and savings and loan board shall with reasonable promptness hear and by order determine all appeals permitted by law from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of banks, from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of banks to provide for the relocation of these banks in other communities, from refusals of the director of finance to grant certificates of incorporation to the proposed incorporators of trust companies, and from refusals of the director of finance to issue certificates permitting changes in the articles of agreement of trust companies to provide for the relocation of these trust companies in other communities.

  2.  The state banking and savings and loan board shall hear and by order determine an appeal from the action of the director granting the incorporation or relocation of a bank or trust company upon application filed within ten days after the director's action by a bank, trust company, national banking association or other persons claiming to be adversely affected thereby.  The application shall state the grounds upon which it is alleged that the action of the director should be stayed, reversed or altered.  In reviewing an application for appeal, the board shall have access to all of the records and information used by the director in making his decision.  A decision shall be rendered on the appeal within ninety days from the date of the application for appeal.

  3.  The board shall establish such rules as may be necessary to give effect to the provisions of this section.  The rules may provide that the board or the chairman of the board may delegate responsibility for the conduct of investigations and the hearing of appeals provided under any section of this law to a member of the board or to a hearing officer designated by the board.  Such hearing officer shall have the power to administer oaths, subpoena witnesses, compel the production of records pertinent to any hearing, and take any action in connection with such hearing which the board itself is authorized to take by law other than making the final decision and appropriate order.  When the hearing has been completed, the individual board member or the hearing officer who conducted the hearing shall prepare a summary thereof and recommend a findings of fact, conclusions of law, decision and appropriate order for approval of the board.  The board may adopt such recommendations in whole or in part, require the production of additional testimony, reassign the case for rehearing, or may itself conduct such new or additional hearing as is deemed necessary prior to rendering a final decision.

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(L. 1955 p. 263 § 4, A.L. 1967 p. 445, A.L. 1978 H.B. 1057, A.L. 2011 H.B. 464)

(1974) Revocation of bank charter by the state banking board does not extinguish the bank's legal capacity to appeal the board's decision. Central Bank of Clayton v. State Banking Board of Missouri (A.), 509 S.W.2d 175.